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CBP Identifies Country of Origin of Roasted Coffee

Wednesday, November 22, 2017
Sandler, Travis & Rosenberg Trade Report

U.S. Customs and Border Protection has issued a final determination concerning the country of origin of certain roasted coffee that may be offered to the U.S. government under an undesignated government procurement contract. Any party-at-interest may seek judicial review of this determination by Dec. 21. CBP issues country of origin advisory rulings and final determinations as to whether an article is or would be a product of a designated country or instrumentality for the purposes of granting waivers of certain “Buy American” restrictions in U.S. law or practice for products offered for sale to the U.S. government.

The coffee under consideration is produced from raw green coffee beans imported into either Canada or the U.S. in their natural caffeinated state or decaffeinated. The decaffeination of the beans is a separate process that occurs in a country on the Designated Country list in 48 CFR § 52.225-5(a) prior to importation into Canada or the U.S. Once imported into Canada or the U.S., the green beans, caffeinated and decaffeinated, undergo a roasting and packaging process.

CBP indicates that for more than 30 years it has recognized that roasting green coffee beans substantially transforms the beans into a new and different article of commerce. Accordingly, the roasting of the green coffee beans is deemed to substantially transform the beans into either a product of Canada or a product of the U.S. for purposes of government procurement.

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